eviction imminent

[c.mckunes]

Ilive in a 3 family house owned by my sister. We do not have a lease, it is a month by month agreement. 2 days ago my "sister" put a letter in my mailbox letting me know that as of July 1,2001 she wants the apartment for my 21 year old nephew and his 2 friends because they are leasing a place now in a bad part of Boston. My question is can I withhold some of the rent to put in the bank so that we can have all the money we'll need for security deposits and everything else that goes along with moving? I have 3 children one of which is mentally handicapped and he has one leg. I hope someone can help me with an answer. We have been here for 8 years and the bathroom ceiling has fallen in on 2 of my daughters while they were in the shower. Can I call the board of health now that I have gotten an eviction notice or will it look like a case of bad apples. I didn't before because she's my sister and I figured I'd give her time to fix the problem. Needless to say she's my mothers daughter now. Thank You

 

[djdj]

Geez you have a Trailer Trash landlord for a "sister"

And NO amount of education will cure her of that disease!!

So its time to call the health department and try and save some money up for the eventual moving day....

Why not you hate her anyway....and embarssment just might do her some good!

I know in New York if someone gives you an eviction notice and a date that is more then 30 days away like yours they CANNOT legally force you out any sooner, unless you dont pay the rent.





[Edited by djdj on 01-07-2001 at 12:08 AM]

 

[JETX]

Did you ever have a written lease???? If so, then you are probably under the 'control' of that lease. Most leases have a provision in them that says something to the effect: "If this lease is not renewed, it reverts to a month-to-month lease with all terms and conditions in effect". So, if you had a written lease, you need to look at it to see if there is any provision for with-holding your rent (unlikely that there would be such a provision).

However, if you have NEVER had a written lease, you would still not be able to legally 'hold-back' on your rent to help pay for your upcoming expenses.

As for your 'health' issues, I would suggest that you not 'drop a dime' on your sister. There is not positive to it, it would purely be out of spite and would only further damage a bad family situation.

Oh, and be sure that you get a return on your deposit... and you are not responsible for 'normal wear and tear' on the property.